Plaquemines Parish Affidavit of Death and Heirship Forms (Louisiana)

Form Package

Affidavit of Death and Heirship

State

Louisiana

Area

Plaquemines Parish

Price

$27.97

Delivery

Immediate Download

Payment Information

Email:

Please provide a valid email.

First Name

Please provide a valid first name.

Last Name

Please provide a valid last name.

Credit Card Type Select Card Type Visa Mastercard American Express Discover

Credit Card Number

Please provide a valid card number.

Expiration Month Select Month 01 - January 02 - February 03 - March 04 - April 05 - May 06 - June 07 - July 08 - August 09 - September 10 - October 11 - November 12 - December

Expiration Year Select Year202420252026202720282029203020312032203320342035203620372038203920402041204220432044

Card Security Code

Please provide a valid security code.

Billing Zip Code

Please provide a valid billing zip code.

Phone Number:

I agree to the Terms of Use and I understand I am purchasing blank real estate deed forms and not a copy of my existing deed.

You must agree before submitting.

Place Order - Download

More info on getting a copy of your existing deed and eRecording.

Included Forms

All Plaquemines Parish specific forms and documents listed below are included in your immediate download package:

Included Supplemental Documents

The following Louisiana and Plaquemines Parish supplemental forms are included as a courtesy with your order.

Frequently Asked Questions:

Areas Covered by These Affidavit of Death and Heirship Forms:

• Plaquemines Parish

Including:

• Belle Chasse
• Boothville
• Braithwaite
• Buras
• Empire
• Pilottown
• Pointe A La Hache
• Port Sulphur
• Venice

What is the Louisiana Affidavit of Death and Heirship

When a decedent dies, her property, rights, and obligations at the time of death, and those acquired after death, comprise her estate (La. Civil Code Art. 872). The legal process of transferring a decedent's estate to successors is referred to as succession in Louisiana.

By operation of law, a decedent's heirs automatically succeed to an interest in the decedent's property at the decedent's death (Civil Code Art. 935). Though a judicial process may not be required, heirs must take steps to "conform the record title to the rights of ownership provided by" Louisiana Code. Failure to do so "inhibits the ability of family members lacking record title to exercise their rights of ownership of property including the rights to sell, to encumber, and to seek federal aid" in the future. Filing the correct document in the parish land records updates the chain of title and provides a clear record of succession. Consult an experienced succession lawyer to advise which process is appropriate for the situation.

There are several alternate options in Louisiana for transferring property from a decedent to his heirs, such as small succession, a judicial process, or filing an affidavit under La. Code of Civil Procedure Art. 3432, a non-judicial process. These options are available when the estate meets certain requirements.

When the size of the estate is less than $125,000.00, or the succession in Louisiana is ancillary to probate or succession opened elsewhere, the estate may qualify as a small succession under La. Code of Civil Procedure Art. 3421. A judicial succession is always required when a decedent dies testate (with a will), regardless of the estate size.

Small succession is not required, however, when the conditions above apply AND the decedent died intestate with his sole heirs being descendants (children), ascendants (parents), siblings or descendants of siblings, and/or a surviving spouse (CCP 3431). Exceptions also apply for wills probated outside Louisiana.

When a small succession is not required because the decedent died intestate and her sole heirs are those stated above, file an affidavit of death and heirship under La. Code of Civil Procedure Art. 3432.

A minimum of two people must execute the affidavit, including the surviving spouse, if applicable, and one or more heir of the age of majority (18) in the State of Louisiana. An affiant may also be a third party with knowledge of the facts contained within. Art. 3432 of the Code of Civil Procedure indicates an option for one or more original affidavits in some situations. The wrong paperwork can lead to unnecessary expenses, so consult an attorney to confirm the best procedure for the specific case.

Note the name, address, and relation of each affiant to the decedent in the affidavit. The affiants must be duly sworn before any officer or person authorized to administer oaths in the place where the affidavit is executed.

Statutory requirements for the content of the affidavit include the decedent's date of death and his address of primary residence at the time of death; a statement that the decedent died intestate; the martial status at the time of death and the surviving spouse's last-known residence, if applicable.

In addition, the affidavit lists the name, last known address, and relationship to the decedent of each heir. Each heir's respective interest in the decedent's property, and whether a legal usufruct of the surviving spouses attaches to the property, should be noted. If any heir does not join as an affiant, the affidavit should state that either the heir could not be located or was given notice of the intent to execute the affidavit and did not object.
The affidavit describes the property left by the decedent and indicate whether the property is community property or separate property. The description of any immovable property "must be sufficient to identify the property for purposes of transfer" (CCP 3432(A)(5)). The affidavit should also show the value of each item of property and the aggregate value of all property at the time of death.

Finally, the affiant's signature affirms that the signers accept the succession of the decedent and that the information contained in the affidavit is true, correct, and complete to the best of the signer's knowledge. The statements are made under penalty of perjury.

Aside from these content requirements, the affidavit must be in recordable form. File the affidavit along with a copy of the decedent's death certificate in the conveyancing records of the parish where the immovable property described within the document is situated. When the affidavit pertains to immovable property, file after 90 days have passed since the decedent's death.

Consult an experienced succession lawyer in the State of Louisiana with questions about immovable property, affidavits of death and heirship, any other issues related to probate or decedent's property in Louisiana, as the law is complex, and each situation is unique.

(Louisiana AOD Package includes form, guidelines, and completed example)

Our Promise

The documents you receive here will meet, or exceed, the Plaquemines Parish recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

Get your Plaquemines Parish Affidavit of Death and Heirship form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

Reviews

4.8 out of 5 (4324 Reviews)